Royal Fiberglass Pools Inc. v. Poly Solutions Inc.
Opinion
The judgment of the district court is affirmed. Assuming, arguendo, that sufficient proof of chalking was adduced, the *375 district court correctly concluded that the plaintiff-appellant failed to provide sufficient proof that the Ultra Poly One Coat caused the chalking, having failed to rule out other possible causes. The affidavit of a Florida pool contractor, not designated as an expert, will not carry that load, particularly in view of the contractor’s recommendation that further testing be done.
AFFIRMED.
*
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Reference
- Full Case Name
- ROYAL FIBERGLASS POOLS INC., Plaintiff-Appellant v. POLY SOLUTIONS INC.; Ultra Polymers Inc., Defendants-Appellees
- Status
- Unpublished